Senate Bill sb1316c1

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    Florida Senate - 2004                           CS for SB 1316

    By the Committee on Communication and Public Utilities; and
    Senator Bennett




    319-1969-04

  1                      A bill to be entitled

  2         An act relating to alternative energy; creating

  3         the Florida Alternative Energy Technology

  4         Center, Inc.; providing for the organization,

  5         purpose, and duties of the center; providing an

  6         appropriation; providing for the transfer of

  7         the state energy program from the Department of

  8         Community Affairs to the Department of

  9         Environmental Protection; providing an

10         effective date.

11  

12  Be It Enacted by the Legislature of the State of Florida:

13  

14         Section 1.  Florida Alternative Energy Technology

15  Center; findings; creation; membership; organization; purpose;

16  duties; powers.--

17         (1)  The Legislature finds that it is in the public

18  interest to promote, in this state, research on and use of

19  renewable energy resources, energy conservation, distributed

20  generation, advanced transmission methods, and pollution

21  control. Both Florida and the United States in general are

22  overly dependent upon fossil fuels. Renewable electric

23  resources and energy conservation have the potential to

24  decrease this dependency, minimize volatility of fuel cost,

25  and improve environmental conditions. Distributed generation

26  and enhancements to transmission of electricity have the

27  potential to make our supply of electricity more secure and

28  decrease the likelihood and severity of blackouts. Research in

29  this state on these subjects can make Florida a leader in new

30  and innovative technologies and encourage investment and

31  economic development within this state.

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    Florida Senate - 2004                           CS for SB 1316
    319-1969-04




 1         (2)  As used in this section, the term:

 2         (a)  "Corporation" means the Florida Alternative Energy

 3  Technology Center, Inc.

 4         (b)  "Alternative energy technology" includes, but is

 5  not limited to:  hydrogen fuel; fuel cells; distributed

 6  generation; biodiesel and similar synthetic fuels;

 7  thermo-depolymerization; biomass; agricultural products and

 8  byproducts; municipal solid waste, including landfill

 9  injection and landfill mining; landfill gas; solar thermal and

10  solar photovoltaic energy; ocean energy, including wave or

11  thermal; energy conservation programs, including appliance

12  efficiency standards; distributed generation; enhancements to

13  transmission of electricity, including advanced transmission

14  lines; and environmental standards, including generation

15  portfolio standards.

16         (3)  There is created a not-for-profit corporation, to

17  be known as the Florida Alternative Energy Technology Center,

18  Inc., which must be registered, incorporated, organized, and

19  operated in compliance with chapter 617, Florida Statutes, and

20  which is not to be a unit or entity of state government. The

21  Legislature determines, however, that public policy dictates

22  that the corporation operate in the most open and accessible

23  manner consistent with its public purpose. To this end, the

24  Legislature specifically declares that the corporation and its

25  boards and advisory committees or similar groups that it

26  creates are subject to the provisions of chapter 119, Florida

27  Statutes, relating to public records and those provisions of

28  chapter 286, Florida Statutes, relating to public meetings and

29  records.

30         (4)  The corporation is the principal alternative

31  energy technology organization for the state and is to provide

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    Florida Senate - 2004                           CS for SB 1316
    319-1969-04




 1  leadership for research and development on the production of,

 2  improvements in, or use of alternative energy technology in

 3  Florida.

 4         (5)  In fulfilling this responsibility, the corporation

 5  shall:

 6         (a)  Establish a unified approach to research,

 7  development, and use of alternative energy technology, with

 8  the cooperation of the Governor, the Legislature, the state

 9  energy program, as authorized and governed by sections 377.701

10  and 377.703, Florida Statutes, the Statewide Board of

11  Governors of the State University System, the Public Service

12  Commission, and relevant businesses in the private sector.

13         (b)  Assist the Florida universities and the private

14  sector in determining areas on which to focus research in

15  alternative energy technology and to assist in coordinating

16  research projects among the universities and relevant private

17  sector entities.

18         (c)  Promote the state as a location for businesses

19  having operations related to alternative energy technologies

20  in cooperation with Enterprise Florida, Inc., and the state

21  energy program, as authorized and governed by sections 377.701

22  and 377.703, Florida Statutes.

23         (d)  Assist universities, other state entities, and

24  private companies in raising funds from all available

25  resources including federal, state, local, and private for

26  research and development concerning alternative energy

27  technology and for projects which utilize alternative energy

28  technology in Florida.

29         (e)  Collect and maintain information relating to:

30  funding sources (public and private), research conducted or

31  

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    Florida Senate - 2004                           CS for SB 1316
    319-1969-04




 1  needed, and alternative energy technology businesses

 2  considering operations in Florida.

 3         (f)  Make policy recommendations to the Legislature,

 4  the Governor, and state agencies and subdivisions.

 5         (6)  In addition, the corporation may conduct research

 6  on alternative energy technology when such research is not or

 7  cannot be done by a state university. It may conduct this

 8  research utilizing only corporate personnel and facilities or

 9  in cooperation with one or more universities, one or more

10  private companies, or both.

11         (7)  In performing these functions, the corporation

12  shall take all possible steps to ensure the maximum benefit to

13  the state.

14         (8)  The corporation must establish one or more

15  corporate offices, at least one of which must be located in

16  Leon County.

17         (9)  The corporation shall be governed by a board of

18  directors consisting of the following members:

19         (a)  A representative from the state energy program, as

20  authorized and governed by sections 377.701 and 377.703,

21  Florida Statutes.

22         (b)  The President of Enterprise Florida, Inc.

23         (c)  A representative from the Statewide Board of

24  Governors of the State University System, selected by the

25  members of that board.

26         (d)  A representative selected by the Florida public

27  utilities, as that term is defined in section 366.02, Florida

28  Statutes. The term for this board member shall be 2 years,

29  with a new representative selected at the end of that time.

30         (e)  A representative selected by the Florida municipal

31  electric utilities and rural electric cooperatives. The term

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    Florida Senate - 2004                           CS for SB 1316
    319-1969-04




 1  for this board member shall be 2 years, with a new

 2  representative selected at the end of that time.

 3         (f)  A representative selected by the President of the

 4  Senate who is a board member or executive officer of a

 5  business that is located in Florida and that does not have any

 6  business interests relating to energy who can provide guidance

 7  as to locating and operating a business in this state. The

 8  term for this board member shall be 2 years, with a new

 9  representative selected at the end of that time.

10         (g)  A representative selected by the Speaker of the

11  House of Representatives who is a board member or executive

12  officer of a business that is located in Florida and that does

13  not have any business interests relating to energy who can

14  provide guidance as to locating and operating a business in

15  this state. The term for this board member shall be 2 years,

16  with a new representative selected at the end of that time.

17         (10)  Vacancies on the board must be filled in the same

18  manner as the original appointment. Vacancies shall be filled

19  for the remainder of the unexpired term, where applicable.

20         (11)  The board members must select a chairperson

21  biennially, upon appointment of all new members.

22         (12)  The board of directors must meet at least four

23  times each year, upon the call of the chairperson, or at the

24  request of a majority of the membership. A majority of the

25  total number of all directors constitutes a quorum. The board

26  of directors may take official action by a majority vote of

27  the members present at any meeting at which a quorum is

28  present.

29         (13)  Members of the board of directors serve without

30  compensation, but members, the president, and staff may be

31  

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    Florida Senate - 2004                           CS for SB 1316
    319-1969-04




 1  reimbursed for all reasonable, necessary, and actual expenses,

 2  as determined by the corporation's board of directors.

 3         (14)  Each member of the corporation's board of

 4  directors who is not otherwise required to file a financial

 5  disclosure pursuant to Section 8, Article II of the State

 6  Constitution or section 112.3144, Florida Statutes, must file

 7  a disclosure of financial interests pursuant to section

 8  112.3145, Florida Statutes.

 9         (15)  The board of directors has the power to:

10         (a)  Secure funding for programs and activities of the

11  corporation and its boards from federal, state, local, and

12  private sources and from fees charged for services and

13  published materials and solicit, receive, hold, invest, and

14  administer any grant, payment, or gift of funds or property

15  and make expenditures consistent with the powers granted to

16  it.

17         (b)  Make and enter into contracts and other

18  instruments necessary or convenient for the exercise of its

19  powers and functions.

20         (c)  Sue and be sued, and appear and defend in all

21  actions and proceedings, in its corporate name to the same

22  extent as a natural person.

23         (d)  Adopt, use, and alter a common corporate seal for

24  the corporation and its boards.

25         (e)  Elect or appoint such officers and agents as its

26  affairs require and allow them reasonable compensation.

27         (f)  Adopt, amend, and repeal bylaws, not inconsistent

28  with the powers granted to it or the articles of

29  incorporation, for the administration of the affairs of the

30  corporation and the exercise of its corporate powers.

31  

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    Florida Senate - 2004                           CS for SB 1316
    319-1969-04




 1         (g)  Acquire, enjoy, use, and dispose of patents,

 2  copyrights, and trademarks and any licenses, royalties, and

 3  other rights or interests thereunder or therein.

 4         (h)  Do all acts and things necessary or convenient to

 5  carry out the powers granted to it.

 6         (i)  Use the state seal, notwithstanding the provisions

 7  of section 15.03, Florida Statutes, when appropriate, to

 8  establish that the corporation is the principal alternative

 9  energy technology organization for the state, and for other

10  standard corporate identity applications. Use of the state

11  seal is not to replace use of a corporate seal as provided in

12  this section.

13         (j)  Carry forward any unexpended state appropriations

14  into succeeding fiscal years.

15         (k)  Procure insurance or require bond against any loss

16  in connection with the property of the corporation and its

17  boards, in such amounts and from such insurers as is necessary

18  or desirable.

19         (l)  Create and dissolve advisory committees, working

20  groups, task forces, or similar organizations, as necessary to

21  carry out the corporation's mission. Members of advisory

22  committees, working groups, task forces, or similar

23  organizations created by the corporation serve without

24  compensation, but may be reimbursed for reasonable, necessary,

25  and actual expenses, as determined by the corporation's board

26  of directors.

27         (16)  The powers granted to the corporation are to be

28  liberally construed in order that it may aggressively pursue

29  its purpose of being the principal alternative energy

30  technology organization for the state.

31  

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    Florida Senate - 2004                           CS for SB 1316
    319-1969-04




 1         (17)  The corporation's board of directors must appoint

 2  a corporate president, and establish and adjust the

 3  president's compensation. The president is the chief

 4  administrative and operational officer of the board of

 5  directors and of the corporation, and directs and supervises

 6  the administrative affairs of the board of directors and any

 7  other boards of the corporation. The board of directors may

 8  delegate to its president those powers and responsibilities it

 9  deems appropriate, except for the appointment of a president.

10         (18)  The state's operating investment in the

11  corporation is the budget contracted by the Office of the

12  Governor to the corporation.

13         (19)  The board of directors and its officers are

14  responsible for the prudent use of all public and private

15  funds and must ensure that the use of such funds is in

16  accordance with all applicable laws, bylaws, or contractual

17  requirements. No employee of the corporation may receive

18  compensation for employment which exceeds the salary paid to

19  the Governor, unless the board of directors and the employee

20  have executed a contract that prescribes specific, measurable

21  performance outcomes for the employee, the satisfaction of

22  which provides the basis for the award of incentive payments

23  that increase the employee's total compensation to a level

24  above the salary paid to the Governor.

25         (20)  Under no circumstances may the credit of the

26  State of Florida be pledged on behalf of the corporation.

27         (21)  In addition to any indemnification available

28  under chapter 617, Florida Statutes, the corporation may

29  indemnify, and purchase and maintain insurance on behalf of

30  its directors, officers, and employees and its boards against

31  

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    Florida Senate - 2004                           CS for SB 1316
    319-1969-04




 1  any personal liability or accountability by reason of actions

 2  taken while acting within the scope of their authority.

 3         (22)  By December 1 each year, the corporation must

 4  submit an annual report to the Governor, the President of the

 5  Senate, the Speaker of the House of Representatives, and the

 6  chairman of the Statewide Board of Governors containing:

 7         (a)  A detailed description of the corporation's

 8  activities and accomplishments.

 9         (b)  An annual financial accounting of resources and

10  expenditures conducted by an independent certified public

11  accountant.

12         (c)  Any recommendations the corporation has for action

13  by the Legislature or by the agencies of state, county, or

14  municipal governments to foster development or use of

15  alternative energy technology.

16         Section 2.  There is appropriated from the General

17  Revenue Fund to the Office of the Governor $500,000 to fund

18  the activities of the Florida Alternative Energy Technology

19  Center, Inc., for the fiscal year 2004-2005.

20         Section 3.  The state energy program, as authorized and

21  governed by sections 377.701 and 377.703, Florida Statutes,

22  including all statutory powers, duties, functions, rules,

23  records, personnel, property, and unexpended balances of

24  appropriations, allocations, and other funds associated with

25  the program, is hereby transferred intact by a type two

26  transfer, as defined in section 20.06(2), Florida Statutes,

27  from the Department of Community Affairs to the Department of

28  Environmental Protection.

29         Section 4.  This act shall take effect upon becoming a

30  law.

31  

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    Florida Senate - 2004                           CS for SB 1316
    319-1969-04




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                             SB 1316

 3                                 

 4  The committee substitute:

 5  Deletes the definitions of biomass and renewable energy;

 6  Creates the Florida Alternative Energy Technology Center,
    Inc., and provides for its organization, purpose, and duties;
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    Appropriates $500,000 to fund the center; and
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    Transfers the state energy program from the Department of
 9  Community Affairs to the Department of Environmental
    Protection.
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